HomeMy WebLinkAbout08-15-18 Protest - L. & M. Summerfield - Rainbow Creek Annexation and Zone Map AmendmentFrom:Danielle Garber
To:Agenda
Subject:FW: Rainbow Zoning Complaint
Date:Thursday, August 16, 2018 8:26:12 AM
Attachments:Rainbow Zoning Complaint - Aug 2018- Rev 1.pdf
Public Comment received 8/15.
Danielle Garber | Assistant Planner, Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
P: 406.582.2272 | E: dgarber@bozeman.net | W: www.bozeman.net
On January 4, 2018 the City Commission finally approved changes to Chapter 38 of the Bozeman
Municipal Code. The changes were effective as of March 31, 2018.
From: Leif Summerfield <leifsummerfield@gmail.com>
Sent: Wednesday, August 15, 2018 12:40 PM
To: Danielle Garber <DGarber@BOZEMAN.NET>
Subject: Rainbow Zoning Complaint
Good morning Danielle,
Attached please find our complaint against a proposed zoning change for the Rainbow CreekAnnexation.
Please add this to the list of feedback received for the review meeting planned next Tuesday
August 21.
Please confirm receipt of the attached complaint.
Best regards,Leif and Melissa Summerfield
4525 Draft Horse Dr. Bozeman
August 15, 2018
City of Bozeman Zoning
Attention: Danielle Graber
121 North Rouse
Bozeman, MT 59715
RE: Rainbow Creek Annexation and Zoning
TO: Bozeman Zoning Commission
My wife and I, along with our two children live at 4525 Draft Horse Dr, Baxter
Meadows SUB PH 3A, S34, T01 S, R05 E, BLOCK 16, Lot 1.
This is a letter of protest against the Rainbow Creek Zoning Map Annexation request
to zone the property located at 4555 Baxter Lane, Bozeman, MT to R-5. We live within
200ft of this property and received a notice as to the change of zoning.
Annexation of this land into the City of Bozeman is an appropriate step for this parcel,
however we have major reservations regarding it’s R-5 zoning because it is
surrounded by R-1 zoning and does not align with the city’s Community Plan under
Land Use Principles.
The Baxter Meadows community has been building out for over a decade using a
planned and measured approach. It is one of, if not the first, Planned United
Developments (PUD) in Bozeman. When one looks at the Baxter Meadows planned
community, one finds density increasing as one moves east (see attached map).
Within the PUD there is R-1, R-2, R-3, R-4, R-S and B-2 zoning. We firmly support this
type of planned approach and have lived in two different homes in the Baxter
Meadows community since 2003, having designed and build our dream house here
on Draft Horse Drive in 2016.
One of the marks of a thriving and functional community is our ability to support each
other. Our neighborhood’s response bears witness to this strength. What follows
below is a very strong case against the proposed zoning as written by our concerned
neighbors Edward and Barklay Hook at 4634 Danube, and we agree with them 100%.
4525 DRAFT HORSE DR. BOZEMAN MONTANA (406) 585-9815
FROM THE HOME
SUMMERFIELD
South and East of the applicant property, the new Flanders Mill development
is zoned R-4. Developments further east are zoned R-3. To the south of the
Sports complex, there is R-O zoning, as well as R-3 and R-4. It is our opinion
that the Baxter Meadows community and surrounding developments have
already adopted, in spirit and in deed, the tenets of the Bozeman Community
Plan.
These tenets are stated in the Community Plan, Chapter 2, Introduction,
Section 2.1 Guiding Principles: “Strives to achieve a fair and proper balance
among conflicting interests, to protect the rights of citizens, and to affirm
community values as they have been expressed by citizen’s and throughout
the planning process.”
And, “Affirms Bozeman’s commitment to responsible stewardship of the
natural environment, excellences of environmental design and conservation of
heritage of the built environment.”
Additionally, stated in Section 2.3, Why Do We Need a Plan?: Promote the
interest of the community at large, while respecting and protecting the
interests of individuals or special interest groups within the community.”
It is our opinion that these guiding principles of the Community Plan are
already being met and “spot” zoning R-5 in the middle of the R-1 section of a
planned community moves away from the spirit and principles outlined in the
plan.
Chapter 3, Land Use, Section 3.2, Major Themes and Related Chapters, under
Land Use Principles - Neighborhoods states: “There is strong public support
for the preservation of existing neighborhoods and new development being
part of a larger whole, rather than just anonymous subdivisions.” It is our
opinion that the proposed Rainbow Creek is more an anonymous subdivision
than part of the larger whole.
Further in Section 3.2, Land Use Principles – Centers, the following is
discussed: “Centers are further supported through careful location of high
density housing in a manner that provides support for commercial operations
while providing amenities to residents.”
A list of benefits potentially derived from this type of use area is included in
the section. They include:
● Increased business synergy
● Greater convenience for people with shorter travel distance to a wide range
of businesses
● The opportunity to accomplish several tasks with a single trip.
● Facilitates the use of transportation alternatives to single occupant motor
vehicles with a corresponding reduction in traffic and road congestion and air
quality impacts
● Enables greater access to employment, services, and recreation with
reduced dependence on the automobile.
● Greater efficiencies in delivery of public services
● Corresponding cost savings in both personal and commercial applications
In reviewing the above benefits, we do not see how they can be achieved
considering the relative isolation/anonymity of the applicant property.
In the same section, under Land Use Principles – Sustainability, one finds:
“Development should be integrated into neighborhoods and the larger
community rather than a series of unconnected stand-alone projects.”
We feel this development represents an unconnected stand-alone project that
is not integrated into the neighborhood or larger community. Section 3.3,
Land Use Goals and Objectives, Objective LU-1.4 states: “Provide for and
support infill development and redevelopment which provides additional
density of use while respecting the context of the existing development which
surrounds it.”
We support infill on the applicant property. We ask for respect of the larger
community plan and the context of the existing development. R-5 zoning does
not respect either. In the same section, Objective LU-2.1 states – “Locate high
density community scale service centers on a one-mile radius and
neighborhood service centers on a half mile radius, to facilitate efficient use of
transportation and public services in providing employment, residential, and
other essential uses.”
Given the fact that there is existing B-2 zoning within one half mile of the
applicant property we fail to see how this R-5 “spot” zoning advances the
cause.
In the Criteria narrative provided by the applicant, they state that the
requested R-5 zoning is aligned with the growth policy because the current
zoning is residential, and the requested zoning is residential.
R-1 does not equal R-5. In fact, the DRC notes state: “Use of this zone (R-5) is
appropriate for areas adjacent to mixed use districts and/or served by transit.”
The above sentence is a truncated version of the following one found in the
Bozeman UDC Update, Part 2, Zoning District Intent & Purpose
Statement, Section 38.300.100, F: “Use of this zone is appropriate for areas
adjacent to mixed use districts and/or served by transit to accommodate a
higher density of residents in close proximity to jobs and services.” The
subject property is neither adjacent to mixed use nor served by transit.
Additionally, we fail to see how increasing the density on such a small parcel
places a significant number of people in close proximity to jobs and services.
Also in Section 38.300.100, F., the partial sentence cited by the applicant in
their Criteria Narrative is found. The applicant notes: “…walkable area to serve
the varying needs of the community’s residents.” The full sentence reads: “The
intent of the R-5 residential mixed use high density district is to provide for
high density residential development through a variety of compatible housing
types and residentially supportive commercial uses in a geographically
compact, walkable area to serve the varying needs of the community’s
residents.”
We do not think the requested “spot” zoning realizes this intent. In Section 3.4,
Land Use Category Descriptions-Residential one finds the sentence cited by
the applicant:“Large areas of single type housing are discouraged.”
Further in that section it states: “All residential housing should be arranged
with consideration of compatibility with adjacent development….and in a
fashion that compliments the overall goals of the Bozeman growth policy.”
We do not think the request is compatible nor complementary to the
furtherance of the Community Plan (Growth Policy). These tenets are echoed
in the Residential Emphasis Mixed Use section, which states: ”All uses should
complement existing and planned residential uses.” It should be noted that
the creation of the R-5 zoning district (2016) was preceded by the Bozeman
Community Plan (2009) so alignment of the two has not yet been fully realized
in our opinion. The Bozeman Community Plan addresses growth on a large
scale. The zoning change request is small scale and does not align with nor
further the goals and principles of the Bozeman Community Plan.
It is our opinion that the zoning request change would be a significant detriment to
our community and neighborhood. The changes we fear are actually well supported
by the zoning and planning guidelines. We request the application for R-5 zoning be
denied.
Sincerely,
Leif Summerfield - Melissa Summerfield - Avery Summerfield - Ethan Summerfield
4525 Draft Horse Drive
Bozeman, MT 59718
BAXTER MEADOWS SUB PH 3A, S34, T01 S, R05 E, BLOCK 16, Lot 1